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Proposed Amendments to the Spill
Prevention, Control, and
Countermeasure (SPCC) Rule Overview
U.S. Environmental Protection Agency
Office of Emergency Management
Regulation and Policy Development Division
Agenda

Why is EPA taking action?

Compliance Date Extension

Proposed Modifications

Guidance Overview

Discussion
Proposed Amendments to the SPCC Rule
Why is EPA Amending the SPCC
Rule?


Address top priority concerns and clarify certain
elements:
–
Small business
–
Electrical utilities
–
Agriculture and animal fats/vegetable oil industry
–
Aviation
More time needed:
–
February deadline rapidly approaching
–
Recovery from hurricane impacts
–
Digest the guidance
Proposed Amendments to the SPCC Rule
Recent Actions

Extension of compliance dates for all facilities

Proposed modification of several requirements

Issue SPCC Guidance for Regional Inspectors

Proposals published in the Federal Register
December 12, 2005

Guidance posted December 2, 2005
–
www.epa.gov/oilspill
Proposed Amendments to the SPCC Rule
Proposed Compliance Date
Extension

October 31, 2007 for both Plan amendment and
implementation
–

Request for one compliance date
30 day comment period
–
Fast turn-around of final action
Proposed Amendments to the SPCC Rule
Current Compliance Dates
A facility starting operation...
Must...
On or before 8/16/02
Maintain existing SPCC Plan
Amend Plan no later than 2/17/06
Implement Plan no later than 8/18/06
After 8/16/02 through 8/18/06
Prepare and implement a Plan no later than
8/18/06
After 8/18/06
Prepare and implement a Plan before beginning
operations
Proposed Compliance Dates
A facility starting operation...
Must...
On or before 8/16/02
Maintain existing SPCC Plan
Amend and Implement Plan no later than 10/31/07
After 8/16/02 through 10/31/07
Prepare and implement a Plan no later than
10/31/07
After 10/31/07
Prepare and implement a Plan before beginning
operations
Proposed Amendments Overview

Offer streamlined optional requirements for:
–
Qualified Facilities
–
Qualified Oil-Filled Operational Equipment
–
Airport Mobile Refuelers

Exempt motive power containers

Remove certain provisions for animal fats and
vegetable oils

Provide a separate, indefinite compliance date
extension for farms
Proposed Amendments to the SPCC Rule
Qualified Facilities

An optional choice for small facilities:
If…
And…
And..
Then…
A facility has been
subject to SPCC for
ten years or more;
has an aggregate
aboveground oil
storage capacity of
10,000 gallons or
less;
had no discharges
during the ten years
prior to selfcertification;
A facility has been
subject to SPCC for
less than ten years;
has an aggregate
aboveground oil
storage capacity of
10,000 gallons or
less;
had no discharges
since becoming
subject to the SPCC
requirements;
the owner/operator
can self-certify his
SPCC Plan, without
review and
certification by a
licensed
Professional
Engineer (PE).
(OR)
A facility is new;
Proposed Amendments to the SPCC Rule
Qualified Facilities (cont’d)


Additional Flexibility:
–
Physical security
–
Integrity testing
Restrictions:
–
Environmental equivalence
–
Impracticability
Proposed Amendments to the SPCC Rule
Qualified Oil-Filled Operational
Equipment

An optional choice for equipment at all facilities:
If…
And…
Then…
the facility has
oil-filled operational
equipment;
the facility has not had a
discharge from any oilfilled operational
equipment in the ten years
prior to the SPCC Plan
certification date or since
becoming subject to the
SPCC requirements if the
facility has been in
operation for less than ten
years;
instead of secondary containment,
the facility may prepare an:
- inspection and monitoring
program to detect equipment
failure and/or an oil discharge;
and
- oil spill contingency plan and a
written commitment of manpower,
equipment and materials.
No impracticability determination
needed.
Note: Oil filled operational equipment includes an oil storage container (or multiple
containers) in which the oil is present solely to support the function of the apparatus or the
devices. Oil-filled operational equipment is not considered a bulk storage container, and
does not include manufacturing equipment (flow-through process).
Proposed Amendments to the SPCC Rule
Airport Mobile Refuelers

Vehicles with onboard bulk storage containers
–

Subject to bulk storage requirements:
–

Specifically sized secondary containment needed
Fuel spills at airports:
–

Store and transport fuel for transfer into or from
aircraft or ground service equipment
Especially during transfers; occasionally while “idle”
Industry issues:
–
Unique circumstances at airports
–
Flight and fire safety issues
Proposed Amendments to the SPCC Rule
Airport Mobile Refuelers (cont’d)

Exempt only from the specifically sized
secondary containment requirements:
–
Refueler and transfers remain subject to other
provisions and general secondary containment
requirements:

Proposed Amendments to the SPCC Rule
Passive and active measures:
– Constructed measures vs land-based response
– Consistent with typical measures already in use
Motive Power


Onboard bulk storage containers holding fuel solely to
power the movement of a motor vehicle; and/or
–
Ancillary onboard oil-filled operational equipment (i.e.,
hydraulic and lubrication systems) used solely for vehicle
operation
–
For example: large RVs, aircraft, buses, construction
equipment
Exempt motive power containers, except:
–
Transfers to or from these containers at an otherwise
regulated facility;
–
Bulk storage container(s) mounted on a vehicle for any
purpose other than powering the vehicle itself, for example,
a tanker truck or mobile refueler; or
–
Oil drilling or workover equipment, including rigs.
Proposed Amendments to the SPCC Rule
Animal Fats and Vegetable Oils (AFVO)

Inserted in 2002 Rule to satisfy EORRA
procedures
–


Notice and comment issue
Remove sections that do not apply to AFVO:
–
Onshore oil production (Section 112.13),
–
Onshore oil drilling and workover facilities (Section
112.14), and
–
Offshore oil drilling, production, or workover facilities
(Section 112.15)
Request input on modification of requirements
–
Petroleum vs. AFVO
Proposed Amendments to the SPCC Rule
Farms

A facility on a tract of land devoted to the production of
crops or raising of animals, including fish, which produced
and sold, or normally would have produced and sold,
$1,000 or more of agricultural products during a year.
(source: National Agricultural Statistics Service and
Underground Storage Tank rules)

Proposal:
–
Extend compliance date for farms that have a total oil
storage capacity of 10,000 gallons or less
–
Collect information to determine appropriate
application of SPCC requirements for farms.
Proposed Amendments to the SPCC Rule
Amendment Dockets

Submit comments through the Federal
Rulemaking Portal, www.regulations.gov

Dockets:
–
Proposed Rule Modifications:
Docket ID No. EPA-HQ-OPA-2005-0001
60 day comment period
– Proposed Compliance Date Extension




Proposed Amendments to the SPCC Rule
Docket ID No. EPA-HQ-OPA-2005-0003
30 day comment period
Contacts
U.S. EPA Headquarters
Office of Emergency Management
202-564-8600
Oil Program Webpage
www.epa.gov/oilspill
Superfund, TRI, EPCRA, RMP and Oil Information
Center
1-800-424-9346
Proposed Amendments to the SPCC Rule